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ICBA asked Housing and Urban Development Secretary Scott Turner to revise the 2013 Disparate Impact Rule under the Fair Housing Act to align with the Supreme Court's 2015 decision in Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc. and President Trump's April 2025 Executive Order "Restoring Equality of Opportunity and Meritocracy."
ICBA recommended incorporating a robust causality requirement, recognizing profit-driven decisions as legitimate, limiting liability to "artificial, arbitrary, and unnecessary" policies, prioritizing injunctive relief over punitive damages, and clarifying the two-year statute of limitations to prevent extended liability.